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2014 DIGILAW 414 (HP)

Nisha v. Nar Singh

2014-04-21

SANJAY KAROL

body2014
JUDGMENT Sanjay Karol, J (oral) The claimants have questioned the award dated 16.11.2012, passed by Motor Accident Claims Tribunal-II, Solan, District Solan, H.P. in MACT Petition No.13-S/2 of 2010, titled as Nisha and others Versus Nar Singh and others, whereby the claim petition of the claimants-appellants came to be dismissed. 2. I have gone through the impugned award. It appears that the Tribunal has thrown the claimants-appellants out of the Court on the ground that Roshan Lal (PW.5), examined by the claimants, though deposed in favour of the claimants, but his statement is contrary to the contents of the F.I.R., which the claimant (complainant) had lodged at the time of accident. Perhaps, the Tribunal lost sight of the fact that hyper-technicalities and niceties of law cannot be made a ground for throwing the claimants out of the Court. It is the duty of the Tribunal to determine the claim petitions by adopting procedure, as prescribed in Chapter XII, which contains Sections 165 to 173 read with Rules, made by the Centre and the State, in terms of the provisions of the Motor Vehicles Act, 1988. 3. Learned counsel for the appellant stated at the Bar that the appreciation of the evidence, made by the Tribunal, is not legal one and runs contrary to the concept of granting the compensation. He further stated that the claimants intend to examine witnesses in support of the claim petition which will also corroborate the statement of Roshan Lal (PW.5), examined by the claimants. 4. Keeping in view the principles of grant of compensation read with the fact that the claimants are victims of a vehicular accident, I deem it proper to set aside the impugned award and remand the case to the Tribunal below with a direction to provide four opportunities to the claimants within a period of three months commencing from 31.05.2014 and thereafter also to provide four opportunities to the respondents, within a period of two months, for leading evidence in rebuttal and conclude the claim petition thereafter within one month. Parties are directed to cause appearance before the Tribunal on 15.05.2014. 5. Registry is directed to send down the record of the case along with a copy of this order, so as to reach the Tribunal below well before the date fixed. The appeal stands disposed of.